A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On August 24, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Gwangju District Court’s net support, and the said judgment became final and conclusive on December 31 of the same year.

【Criminal Facts】

On March 13, 2012, the Defendant entered into a construction contract with the victim by stating that “A prefabricated-type house is to be built, and a down payment and advance payment to be completed from June 10, 2012 to August 25, 2012, will first be changed,” and the Defendant entered into a false contract with the victim on the part of the victim at a non-permanent place on March 13, 2012, stating that “the material value will be predicted, but the material value will be changed first.”

However, in fact, the Defendant received money from the victim and thought to consume it as living expenses, other construction sites personnel expenses, etc., and there was no other way to compensate the victim for the construction work for prefabricated-type housing for the victim, because the Defendant did not have any other construction site that had been constructed up to KRW 130 million,00,000,000, such as card payments, bank loan obligations, etc. without any property that he had to be bad credit at the time, and there was no intention or ability to allow the victim to construct prefabricated-type housing construction works for the victim, even at another construction site that had been constructed.

Around March 13, 2012, the Defendant, by deceiving the victim and remitting the material value of KRW 10 million to a post office account (D) in the name of the Defendant’s use on or around March 13, 2012, received from August 29, 2012, a total of KRW 4,1160,000 for construction cost, etc. over 13 occasions, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement B in the suspect examination protocol of the accused by the prosecution;

1. The police statement concerning B;

1. Each certificate of deposit or each contract for construction works;

1. Previous convictions: The defendant's statement in court, each written judgment (this Court Decision 2015No1181, Gwangju District Court 2015No2281) applies to the law.